scholarly journals TO BE OR NOT TO BE, THE CONCLUSION OF THE HANDWRITING EXPERTS

2021 ◽  
pp. 959-969
Author(s):  
V. Bandurko
Keyword(s):  
Comparative Study ◽  
Interested Party ◽  
False Conclusion ◽  
To Come ◽  
The Right ◽  
Legal Consequences

The thesis is aimed at considering situations that arise during the performance of handwriting examinations in which conclusions are possible that have various legal consequences for the parties to the trial. This is because of the fact that when assigning a handwriting examination, there are situations when a small number of signature samples are provided for a comparative study or the interested party of the torturer misleads the expert by providing false signature samples. By carefully studying the case materials, the expert manages to establish additional samples of signatures, which are not mentioned in the document on the appointment of a handwriting examination. It helps the expert to determine and come to a categorical conclusion which case the signature in the document under study was affixed not by the person himself, but by another person. Or confirm the fact with one hundred percent certainty that the signature was made by one of the relatives. In such cases, if it were not for additional samples from the case materials, it is possible for an expert to come to a false conclusion. The question may arise whether the expert violates sub-clause 3, clause 2.3. Instructions, the expert is prohibited from: “independently collecting materials that are subject to research, as well as choosing outgoing data for the examination, if they are displayed ambiguously in the materials provided to him/her”. But clause 2.1. of the Instruction state that the expert has the right to indicate in his conclusion the facts revealed during the examination that are significant for the case, but regarding which he/she was not asked questions and the circumstances that contributed (could contribute) to the commission of the offense.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Zuni Rusviana ◽  
Adi Suliantoro
Keyword(s):  
Secondary Data ◽  
The Internet ◽  
Police Station ◽  
Digital Community ◽  
Qualitative Descriptive ◽  
Analytical Research ◽  
Legal Consequence ◽  
The Right ◽  
Internet Development ◽  
Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”.                The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive.             The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

Anti-System Politics

2020 ◽  
Author(s):  
Jonathan Hopkin
Keyword(s):  
Comparative Approach ◽  
The European Union ◽  
Political Systems ◽  
The United Kingdom ◽  
The Us ◽  
Long Term Result ◽  
The Rich ◽  
Dramatic Shift ◽  
To Come ◽  
The Right

Recent elections in the advanced Western democracies have undermined the basic foundations of political systems that had previously beaten back all challenges—from both the Left and the Right. The election of Donald Trump to the US presidency, only months after the United Kingdom voted to leave the European Union, signaled a dramatic shift in the politics of the rich democracies. This book traces the evolution of this shift and argues that it is a long-term result of abandoning the postwar model of egalitarian capitalism in the 1970s. That shift entailed weakening the democratic process in favor of an opaque, technocratic form of governance that allows voters little opportunity to influence policy. With the financial crisis of the late 2000s, these arrangements became unsustainable, as incumbent politicians were unable to provide solutions to economic hardship. Electorates demanded change, and it had to come from outside the system. Using a comparative approach, the text explains why different kinds of anti-system politics emerge in different countries and how political and economic factors impact the degree of electoral instability that emerges. Finally, it discusses the implications of these changes, arguing that the only way for mainstream political forces to survive is for them to embrace a more activist role for government in protecting societies from economic turbulence.

ECCENTRIC, GIFTED, AND BLACK: THELONIOUS MONK REVEALED

2010 ◽  
Vol 7 (2) ◽  
pp. 381-402
Author(s):  
Ingrid Monson ◽  
John Gennari ◽  
Travis A. Jackson
Keyword(s):  
Primary Research ◽  
Thelonious Monk ◽  
Wide Range ◽  
American Composer ◽  
Personal Archives ◽  
To Come ◽  
The Right ◽  
First Time

Do not miss Robin D. G. Kelley's Thelonious Monk: The Life and Times of an American Original, for it will stand as the definitive biography of the great American composer and pianist for many years to come. What distinguishes Kelley's treatment of Monk's complicated and enigmatic life is the sheer depth and breadth of primary research, including, for the first time, the active cooperation and involvement of Thelonious Monk's family. In his acknowledgments, Kelley describes a long process of convincing Thelonious Monk, III to grant permission culminating in a six-hour meeting in which his knowledge, credentials, and commitment were thoroughly tested and challenged. Once he had secured “Toot's” blessings, as well as that of his wife Gale and brother-in-law Peter Grain, Kelley was introduced to Nellie Monk, Thelonious Monk's wife, and a wide range of family and friends who shared their memories and personal archives of photos, recordings, and papers. This is not an authorized biography, however, since Thelonious Monk, Jr. never demanded the right to see drafts or dictate the content. Rather Kelley was admonished to “dig deep and tell the truth.”

Termination for Breach of Contract

2020 ◽  
Author(s):  
Stannard John E ◽  
Capper David
Keyword(s):  
Final Section ◽  
Breach Of Contract ◽  
The Third ◽  
Specific Performance ◽  
The Subject ◽  
Key Topics ◽  
English Law ◽  
The Right ◽  
Legal Consequences

The aims of this book are to set out in detail the rules governing termination as a remedy for breach of contract in English law, to distil the very complex body of law on the subject to a clear set of principles, and to apply the law in a practical context. This book is divided into four parts. The first section sets out to analyse what is involved in termination and looks at some of the difficulties surrounding the topic, before going on to explain the evolution of the present law and its main principles. The second section provides a thorough analysis of the two key topics of breach and termination. The third section addresses the question when the right to terminate for breach arises. And the fourth and final section considers the consequences of the promisee's election whether to terminate or not. The final chapter examines the legal consequences of affirmation, once again both with regard to the promisee and the promisor, with particular emphasis on the extent of the promisee's right to enforce the performance of the contract by way of an action for an agreed sum or an action for specific performance.

Balqis restaurant: how to move on?

2017 ◽  
Vol 7 (3) ◽  
pp. 1-19
Author(s):  
Farzana Quoquab ◽  
Shazwani Binti Ahmad ◽  
Wan Nurul Syazwani Binti Wan Danial ◽  
Jihad Mohammad
Keyword(s):  
Subject Area ◽  
Marketing Mix ◽  
Business Success ◽  
Strategic Decisions ◽  
Gradual Improvement ◽  
Content Type ◽  
To Come ◽  
Set Up ◽  
The Right ◽  
The Cost

Subject area This case can be used in marketing management as well as consumer behaviour courses. Study level/applicability This case is suitable to use in advanced undergraduate levels, MBA and MSc in marketing courses that cover topics related to market segmentation and marketing mix strategies. Case overview This case highlights the dilemma of an entrepreneur and a manager of a restaurant who were to take a decision about the sustainability of their restaurant business. Balqis Restaurant was owned by Danny who was a retiree from Telekom Malaysia. He wanted to open a restaurant business after he came back from his long holiday trip. He conducted market research to find a suitable place to open his Arabic restaurant. He assigned Waleed Masood Abdullah as the manager of Balqis Restaurant. Finally, in June 2010, he opened his long awaited restaurant at Gombak, Kuala Lumpur. The restaurant was known as Qasar before the name was changed to Balqis in 2015 because of copyright issues related to Saba’ restaurant at Cyberjaya. The restaurant was well managed under Danny’s supervision for 4 years and successfully won customers’ hearts and loyalty before he decided to give full responsibility to Waleed in March 2014. Danny trusted Waleed because he taught and trained him. However, under Waleed’s management, Balqis started to lose its customers. Waleed also started to branch out the restaurant to different places in different states; one in Ipoh, and the other in Perak. He invested much money on renovation for all three branches, but one of the restaurants closed down in September 2014. This is because of the fact that they could no longer bear the cost of operations for the restaurant. However, he failed to learn from the mistake; they set up another restaurant, which was in Kuantan, in the same month. The sales were not that encouraging but it did show gradual improvement; yet, they once again sold it to another Arab businessman. Waleed realized his failure in managing the restaurant business in August 2015. He again opted to open another new branch which was questioned by Danny. He was in a rush to open it by the end of December 2015 to ensure that the additional profits from the current restaurants could cover the variables costs if the new restaurants were launched. Based on that, the owner had to make a decision about whether a new branch should be opened or whether they should just retain their restaurant in Gombak. Expected learning outcomes The learning objectives of using this case are as follows. 1. Knowledge enhancement: to help students in understanding the problems faced by a restaurant in expanding its market; to make students aware that a properly blended marketing mix is the key to business success and to broaden students’ views and understanding in targeting the proper market segment in formulating an effective marketing strategy. 2. Skills building: to be able to identify the best marketing strategic decisions to manage the restaurant business for its survival and to develop students’ ability to analyse the existing situation to come up with a viable and effective solution. 3. Attitudinal: to help the students to have intellectual openness in accepting different ways of finding solutions for a particular problem and to assist students in making the right move at the right time. Supplementary materials Teaching Notes are available for educators only. Please contact your library to gain login details or email [email protected] to request teaching notes. Subject code CSS 8: Marketing.

scholarly journals ANALISIS YURIDIS HAK EIGENDOM VERPONDING SEBAGAI JAMINAN KEBENDAAN

2020 ◽  
Vol 2 (1) ◽  
pp. 38-55
Author(s):  
Irman Widi Kurniawan ◽  
Etty Mulyati ◽  
Betty Rubiati
Keyword(s):  
Research Method ◽  
Land Rights ◽  
Status Quo ◽  
Legal Certainty ◽  
Proof Of Ownership ◽  
The Status ◽  
The Right ◽  
Legal Consequences ◽  
Legal Force

ABSTRAKDi dalam bagian kedua UUPA mengatur tentang pelaksanaan konversi hak atas tanah menjadi wujud kepastian hukum sebagaimana ketentuan Pasal 33 ayat (3) UUD 1945. Namun kepastian hukum terhadap konversi Hak atas tanah barat terutama sertifikat Hak Eigendom Verponding masih menjadi problematika tersendiri bagi masyarakat yang memiliki bukti kepemilikan hak atas tanah barat tersebut apabila dijadikan sebuah jaminan guna memperoleh fasilitas kredit. Metode penelitian yang digunakan ialah yuridis normatif dengan kajian bahan hukum primer, sekunder serta tersier. Berdasarkan pembahasan tersebut bahwa Kepastian Hukum terkait konversi hak Eigendom Verponding telah memiliki kekuatan hukum mengikat dengan ketentuan diperlukan konversi sehingga dapat dijadikan objek jaminan namun dalam prakteknya masih terdapat objek jaminan dengan tidak memperhatikan asal mula objek jaminan tersebut serta akibat hukum terhadap konversi hak atas tanah tersebut adalah pemberlakuan UUPA menjadi dasar bahwasanya prinsip status quo hak atas tanah terdahulu memberikan jaminan kepastian hukum dengan ketentuan hak-hak lama menjadi tidak diakui keberadaannya. Kata Kunci: hak atas tanah; hak barat; kepastian hukum jaminan; konversi ABSTRACTIn the second section of the UUPA regulates the conversion of land rights into a form of legal certainty as stipulated in Article 33 paragraph (3) of the 1945 Constitution. But the legal certainty of the conversion of the Right to western land, especially the Eigendom Verponding Rights certificate, remains a problem for people who have proof of ownership of the western land if it is used as a guarantee to obtain credit facilities. The research method used is normative juridical with the study of primary, secondary and tertiary legal materials. Based on the discussion that legal certainty related to the conversion of rights Eigendom Verponding has had a binding legal force with the necessary provisions of conversion so that it can be used as an object of guarantee but in practice there is still an object of guarantee by not taking into account the origin of the object of the guarantee and the legal consequences of the conversion of the right to land is the enactment of the UUPA being the basis that the principle of the status quo of the former land rights provides a guarantee of legal certainty with the provisions of old rights to be unclaimed civility. Keywords: conversion; guarantee legal certainty; land rights; western rights

scholarly journals Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 469
Author(s):  
Akhmad Budi Cahyono
Keyword(s):  
United Kingdom ◽  
Comparative Study ◽  
Comparative Studies ◽  
Common Law ◽  
Contract Law ◽  
Legal Rules ◽  
Contractual Relationship ◽  
The United Kingdom ◽  
Injured Party ◽  
The Right

Default is something that often occurs in contractual relationship. It can be not perform its obligations in the contract in all or in a part, performing its obligations but not in accordance with was agreed, performing its obligations but not in time, and performing something that is prohibited in the contract. Due to default, the injured party may claim compensation and / or terminate the contract. The problem is, the Indonesian Civil Code does not specify how a contract can be terminated in case of default. Therefore, it is necessary to conduct a comparative study in other countries in terms of how a default can terminate the contract. The British which adopt common law tradition where jurisprudence is the main source of law is the right choice for conducting comparative studies. Countries with common law traditions have detailed legal rules based on jurisprudence. As in Indonesia, according to British contract law, defaults also can terminate the contract. However, unlike in Indonesia, according to British contract law, termination due to a default is only allowed in the event that the default is very serious. The very serious forms of default will be elaborated and become a part of the discussion in this paper.

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